Opinion
22314, 22346.
ARGUED JANUARY 14, 1964.
DECIDED FEBRUARY 6, 1964. REHEARING DENIED FEBRUARY 18, 1964.
Action for rewards, etc. Richmond Superior Court. Before Judge Killebrew.
G. Lee Dickens, Sr., Thomas T. Purdom, for plaintiff in error.
Randall Evans, Jr., Fulcher, Fulcher, Hagler Harper, W. M. Fulcher, Thurmond, Hester, Jolles McElmurray, Cornelius B. Thurmond, Jr., Hull, Willingham, Towill Norman, A. Rowland Dye, contra.
The Court of Appeals, and not this court, has jurisdiction of the subject matter of this litigation. The contention in a motion and in the bill of exceptions that the trial judge in refusing to allow an amendment to an intervention, which intervention had been previously dismissed, denied the intervenor due process of law under the State and Federal Constitutions does not constitute a case involving "the construction of the Constitution of the State of Georgia or of the United States, ..." Constitution, Art. VI, Sec. II, Par. IV ( Code Ann. § 2-3704). Norman v. State, 171 Ga. 527 ( 156 S.E. 203); Dunn Motors, Inc. v. General Motors Acceptance Corp., 174 Ga. 743 ( 163 S.E. 906); Western Atlantic R. v. Leslie, 176 Ga. 385 ( 168 S.E. 15); Chastain v. Alford, 191 Ga. 677 ( 13 S.E.2d 769); Jarvis v. State, 197 Ga. 704 ( 30 S.E.2d 484); Dixon v. State, 207 Ga. 192 ( 60 S.E.2d 439); Robinson v. State, 209 Ga. 48 ( 70 S.E.2d 514); Civils v. Fulton County, 218 Ga. 705 ( 130 S.E.2d 220).
Transferred to the Court of Appeals. All the Justices concur.
ARGUED JANUARY 14, 1964 — DECIDED FEBRUARY 6, 1964 — REHEARING DENIED FEBRUARY 18, 1964.
The petition of Raymond Douglas Cannon and another (whose name was later removed from the petition by amendment) against Citizens Southern National Bank, Richmond County, Georgia, and others, sought to collect offers of rewards by the defendants for the arrest and conviction of persons guilty of bank robberies. It was alleged that the plaintiff had apprehended and arrested a named person who was thereafter convicted of robbing named banks. Mrs. Florence E. Carswell sought to intervene in the case, alleging that the arrest and conviction of the named bank robber was materially aided by information furnished the law enforcement agencies by the intervenor, and that she is entitled to the rewards offered by the defendants.
The oral motion of Raymond Douglas Cannon to strike the intervention was sustained. Thereafter the intervenor tendered to the court an amendment to her intervention, and this amendment was disallowed. The intervenor later filed a motion to vacate the order dismissing her intervention, asserting that the failure to allow the amendment to her intervention denied her due process of law under quoted provisions of the State and Federal Constitutions.
In the main bill of exceptions before this court Mrs. Florence E. Carswell assigned as error the foregoing rulings which were adverse to her, and the failure of the trial judge to make certain rulings. In the cross bill of exceptions Raymond Douglas Cannon assigned as error the overruling of his objections to the allowance of the intervention.
Mrs. Florence E. Carswell asserts that this court has jurisdiction of her writ of error "because it involves construction of the due process clause of the Constitution of the State of Georgia and also involves construction of the due process clause of the Fourteenth Amendment to the Constitution of the United States, ..."